O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to forbear the respondents from evicting the petitioner from S.No.237/1 of Alathur Village, Thiruporur Taluk, without following due process of law.

2. The case of the petitioner is that he is in occupation of a portion of land comprised in S.No.237/1, measuring an extent of 25 cents, situated at Alathur Village, Thiruporur Taluk, Kancheepuram District for more than 50 years. The petitioner has put up a house in the said land and the same was assessed to house tax and he has also obtained electricity service connection. Similarly, his family members are also in occupation of a portion of land measuring an extent of 20 cents each in the above said land in S.No.237/1 for agricultural purposes. Further, there are eight other families who are in occupation and enjoyment of a portion of land in the above said S.No237/1.

Originally, the entire area had been waste land and the village people for years together worked and made the land suitable for agriculture.

3. While so, in the year 1988, some of the villagers tried to disturb the possession of the petitioner and his family members. Therefore, the petitioner's father filed a Suit in O.S.No.849 of 1988 on the file of District Munsif, Chengalpattu and the said suit was decreed in favour of the petitioner's father. Pursuant to which, the petitioner's father approached the respondents and sent various representations for grant of patta, however, there was no response. Aggrieved by the same, one Chandramathi,wife of the petitioner's brother, filed a Writ Petition in W.P.No.12593 of 2010 and this Court, vide order dated 07.07.2010 issued a direction to the District Collector to consider the petitioner's representation dated 27.06.2010 within a period of eight weeks, however, despite the order of this Court, no orders have been passed by the respondents. While such being the case, on 28.09.2013, the respondents started to remove the fence in the petitioner's place, however, the same was stopped by the petitioner and his family members. Further, the petitioner and other persons were directed to appear before the 1st respondent on 30.09.2013, however, thereafter, no further steps has been initiated by the respondents. Hence, aggrieved by the inaction of the respondents, the present Writ Petition is filed.

4. The learned counsel for the petitioner submitted that based on the Government Order in G.O.Ms.No.854 Revenue Department dated 30.12.2006, the Government has taken a policy decision to assign the land to the occupants who are in occupation for more than 5 years and prescribed the terms and conditions and the Board Standing orders also provides for assigning the land to occupiers and the authorities are bound to consider the petitioner's representations in the light of the Government orders, however, the same were not considered and no orders have been passed on the same. Hence, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representations in the light of the said Government order and issue patta in favour of the petitioner and consequent direction to the respondents not to evict the petitioner from the above said land.

5. The learned Additional Government Pleader appearing on behalf of the respondents submitted that, even as per Government orders, the landless people / occupiers are entitled for patta only in respect of 3 cents, however, in the present case, the petitioner has encroached a land measuring an extent of 25 cents, which is not acceptable. He further submitted that the encroachments in the above said land were removed by the respondents, however, he fairly submitted that, it is not known whether the petitioner is one among the encroachers who were evicted on 01.10.2013 from the said encroachment. Further, the aforesaid Survey number is classified as grazing ground (Meikkal) in the revenue records, and the said land is assigned for the purpose of